Common use of Availability of the Licensed Materials Clause in Contracts

Availability of the Licensed Materials. Upon the Effective Date (as specified in Section 9.1 of this Agreement), the Distributor shall ensure that the Licensed Materials become available to the Participating Institutions and the Authorized Users. Should the Effective Date of this Agreement occur after 1 January 2023, Distributor shall ensure that the Publisher will make, or has already made, the Licensed Materials available to the Licensee, the Participating Institutions and Authorized Users in the full scope of the license stipulated herein already as of 1 January 2023 due to the necessity of access to the Licensed Material as of 1 January 2023, to the Participating Institutions and Authorized Users in the full scope of the authorization stipulated herein including all and any possible rights and authorizations such as potential archiving rights, extent of the access to the backfile content of Licensed Materials or Open Access publishing under this Agreement. Performance of the Distributor’s obligation to ensure that the Licensed Materials become available before this Agreement takes effect shall be considered entirely as a performance according to and in compliance with this Agreement.

Appears in 19 contracts

Samples: License Agreement, License Agreement, License Agreement

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Availability of the Licensed Materials. Upon the Effective Date (as specified in Section 9.1 of this Agreement), the Distributor shall ensure that Licensor will make the Licensed Materials become available to the Participating Institutions and the Authorized Users. Should the Effective Date of this Agreement occur after 1 January 2023, Distributor shall ensure that the Publisher Licensor will make, or has already made, the Licensed Materials available to the Licensee, the Participating Institutions and Authorized Users in the full scope of the license stipulated herein already as of 1 January 2023 due to the necessity of access to the Licensed Material as of 1 January 2023, to the Participating Institutions and Authorized Users in the full scope of the authorization stipulated herein including all and any possible rights and authorizations such as potential archiving rights, extent of the access to the backfile content of Licensed Materials or Open Access publishing under this Agreement. Performance of the DistributorLicensor’s obligation to ensure that the Licensed Materials become available before this Agreement takes effect shall be considered entirely as a performance according to and in compliance with this Agreement.

Appears in 3 contracts

Samples: License Agreement, License Agreement, License Agreement

Availability of the Licensed Materials. Upon the Effective Date (as specified in Section 9.1 of the Agreement) of this Agreement), the Distributor shall ensure that the Licensed Materials become available to the Participating Institutions and the Authorized Users. Should the Effective Date of this Agreement occur after 1 January 20232022, Distributor shall ensure that the Publisher will make, or has already made, the Licensed Materials available to the Licensee, the Participating Institutions and Authorized Users in the full scope of the license stipulated herein already as of 1 January 2023 2022 due to the necessity of access to the Licensed Material as of 1 January 20232022, to the Participating Institutions and Authorized Users in the full scope of the authorization stipulated herein including all and any possible rights and authorizations such as potential archiving rights, extent of the access to the backfile content of Licensed Materials or Open Access publishing under this Agreement. Performance of the Distributor’s obligation to ensure that the Licensed Materials become available before this the Agreement takes effect shall be considered entirely as a performance according to and in compliance with this Agreement.

Appears in 3 contracts

Samples: License Agreement, License Agreement, License Agreement

Availability of the Licensed Materials. Upon the Effective Date (as specified in Section 9.1 of this Agreement), the Distributor shall ensure that Licensor will make the Licensed Materials become available to the Participating Institutions and the Authorized Users. Should the Effective Date of this Agreement occur after 1 January 2023, Distributor shall ensure that the Publisher Licensor will make, or has already made, the Licensed Materials available to the Licensee, the Participating Institutions and Authorized Users in the full scope of the license stipulated herein already as of 1 January 2023 due to the necessity of access to the Licensed Material as of 1 January 2023, to the Participating Institutions and Authorized Users in the full scope of the authorization stipulated herein including all and any possible rights and authorizations such as potential archiving rights, extent of the access to the backfile content of Licensed Materials or Open Access publishing under this Agreement. Performance of the DistributorLicensor’s obligation to ensure that the Licensed Materials become available before this Agreement takes effect shall be considered entirely as a performance according to and in compliance with this Agreement.

Appears in 2 contracts

Samples: License Agreement, License Agreement

Availability of the Licensed Materials. Upon the Effective Date (as specified in Section 9.1 of this Agreement), the Distributor shall ensure that the Licensed Materials become available to the Participating Institutions and the Authorized Users. Should the Effective Date of this Agreement occur after 1 January 2023, Distributor shall ensure that the Publisher will make, or has already made, the Licensed Materials available to the Licensee, the Participating Institutions and Authorized Users in the full scope of the license stipulated herein already as of 1 January 2023 due to the necessity of access to the Licensed Material Materials as of 1 January 2023, to the Participating Institutions and Authorized Users in the full scope of the authorization stipulated herein including all and any possible rights and authorizations such as potential archiving rights, extent of the access to the backfile content of Licensed Materials or Open Access publishing under this Agreement. Performance of the Distributor’s obligation to ensure that the Licensed Materials become available before this Agreement takes effect shall be considered entirely as a performance according to and in compliance with this Agreement.

Appears in 2 contracts

Samples: License Agreement, License Agreement

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Availability of the Licensed Materials. Upon the Effective Date (as specified in Section 9.1 of this Agreement), the Distributor shall ensure that will make the Licensed Materials become available to the Licensee, the Participating Institutions and the Authorized Users. Should the Effective Date of this Agreement occur after 1 January 2023, Distributor shall ensure that the Publisher will make, or has already made, the Licensed Materials available to the Licensee, the Participating Institutions and Authorized Users in the full scope of the license stipulated herein already as of 1 January 2023 due to the necessity of access to the Licensed Material as of 1 January 2023, to the Participating Institutions and Authorized Users in the full scope of the authorization stipulated herein including all and any possible rights and authorizations such as potential archiving rights, extent of the access to the backfile content of Licensed Materials or Open Access publishing under this Agreement. Performance of the Distributor’s obligation to ensure that the Licensed Materials become available before this Agreement takes effect shall be considered entirely as a performance according to and in compliance with this Agreement.

Appears in 1 contract

Samples: License Agreement

Availability of the Licensed Materials. Upon the Effective Date (as specified in Section 9.1 of this Agreement), the Distributor shall ensure that the Licensed Materials become available to the Participating Institutions and the Authorized Users. Should the Effective Date of this Agreement occur after 1 January 2023, the Distributor shall ensure that the Publisher will make, or has already made, the Licensed Materials (including all and any possible rights and authorizations such as potential archiving rights or access to the backfile content of Licensed Materials or Open Access publishing under this Agreement) available to the Licensee, the Participating Institutions and Authorized Users in the full scope of the license stipulated herein already as of 1 January 2023 due to the necessity of access to the Licensed Material as of 1 January 2023, to the Participating Institutions and Authorized Users in the full scope of the authorization stipulated herein including all and any possible rights and authorizations such as potential archiving rights, extent of the access to the backfile content of Licensed Materials or Open Access publishing under this Agreement. Performance of the Distributor’s obligation to ensure that the Licensed Materials become available before this Agreement takes effect shall be considered entirely as a performance according to and in compliance with this Agreement.

Appears in 1 contract

Samples: License Agreement

Availability of the Licensed Materials. Upon the Effective Date (as specified in Section 9.1 of this Agreement), the Distributor shall ensure that the Licensed Materials become available to the Participating Institutions and the Authorized Users. Should the Effective Date of this Agreement occur after 1 January 2023, Distributor shall ensure that the Publisher will make, or has already made, the Licensed Materials available to the Licensee, the Participating Institutions and Authorized Users in the full scope of the license stipulated herein already as of 1 January 2023 due to the necessity of access to the Licensed Material as of 1 January 2023, to the Participating Institutions and Authorized Users in the full scope of the authorization stipulated herein including all and any possible rights and authorizations such as potential archiving rightsrights (the potential archiving rights subject to potential additional fees and stipulations), extent of the access to the backfile content of Licensed Materials or Open Access publishing under this Agreement. Performance of the Distributor’s obligation to ensure that the Licensed Materials become available before this Agreement takes effect shall be considered entirely as a performance according to and in compliance with this Agreement.

Appears in 1 contract

Samples: License Agreement

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